Irvine Municipal Code Ch. 8 Nuisance, Potentially Dangerous or Animal

"Nuisance animal" means any of the following:

(a) Any animal who is stray in public, or who trespasses upon the private property of a person other than its owner, on more than three separate occasions within a 12-month period.

(b) Any animal who is on the private property of a person other than its owner, without the permission of that property owner or caretaker, and who causes excessive damage to that property as described in Section 4-5-804.

(Ord. No. 09-10, § 1, 9-22-09)

"Potentially dangerous animal" means any of the following:

(a) Any animal which, when unprovoked, on at least one occasion engages in a behavior that requires a defensive action by any person to prevent bodily injury when the person and the animal are off the property of the owner or harborer of the animal.

(b) Any animal which, when unprovoked, bites a person causing a less severe injury than as defined in Section 4-5-805.

(c) Any animal which, when unprovoked, has bitten, inflicted injury, or otherwise caused injury to another animal by attacking it while off the property of the owner or harborer of the aggressive animal.

(Ord. No. 09-10, § 1, 9-22-09)

"Vicious animal" means any of the following:

(a) Any animal seized under California Penal Code § 599aa and upon the sustaining of a conviction of the owner or harborer under California Penal Code § 597.5(a).

(b) Any animal which, when unprovoked, in an aggressive manner, inflicts severe injury on or kills a human being or an animal.

(c) Any animal previously determined to be, and who is currently listed as, a potentially dangerous animal, which, after its owner or harborer has been notified of this determination, continues to engage in a behavior that is described in Section 4-5-802 of this chapter.

(Ord. No. 09-10, § 1, 9-22-09)

"Excessive property damage" means any damage caused to the personnel property of a person other than the owner of the animal that exceeds a value of $1,000 or more.

(Ord. No. 09-10, § 1, 9-22-09)

"Severe injury" means physical injury to a human being that results in muscle tears or multiple puncture wounds or disfiguring lacerations or that requires multiple sutures or corrective or cosmetic surgery or results in the death of the person. "Severe injury" also means physical injury to any animal that results in muscle tears or multiple puncture wounds or disfiguring lacerations or that requires multiple sutures or results in the death of any animal.

(Ord. No. 09-10, § 1, 9-22-09)

(a) This chapter does not apply to any dog while utilized by any law enforcement agency or officer in the performance of police work.

(b) This chapter does not apply when a person is injured, by an animal, as a result of unlawfully entering upon or willfully trespassed upon the premises of another person.

(c) This chapter does not apply if the potentially dangerous or vicious behavior of an animal was a result of the animal being teased, tormented, abused or assaulted.

(d) This chapter does not apply if the dog was protecting or defending a person within the immediate vicinity of the dog from an unjustified attack or assault.

(e) This chapter does not apply when a dog is working as a hunting dog, herding dog, or predator control dog on the property of, or under the control of, its owner or keeper, and the injury was to a species or type of domestic animal appropriate to the work of the dog.

(f) This chapter does not apply to humane societies, municipal animal shelters or veterinary clinics.

(Ord. No. 09-10, § 1, 9-22-09)

It shall be unlawful for any person owning or having possession, custody, charge or control of any animal to cause or permit, either willfully or through failure to exercise due control, such animal to run unrestrained on any public street, sidewalk, place, schoolyard, common area, park, open space, trail, or to be on the private property of a person other than the owner or harborer of such animal without first receiving permission from that property owner or caretaker, on more than three occasions within a 12-month period.

(Ord. No. 09-10, § 1, 9-22-09)

It shall be unlawful for any person owning or having possession, custody, charge or control of animals known by such person to be potentially dangerous or vicious to cause or permit, either willfully or through failure to exercise due control, such animals to run loose about said person's premises in a manner that would endanger any person lawfully entering such premises, or cause or permit, either willfully or through failure to exercise due control, the animal to be unrestrained upon or about any public street, sidewalk, park, schoolyard, common area, trail, open space, or property of a person other than the owner of the stray animal.

(Ord. No. 09-10, § 1, 9-22-09)

A. Animal owners and custodians of animals shall, at all times, take all reasonable precautions to prevent their animals from stalking, biting, attacking or attempting to stalk, bite or attack any person or other animal.

B. The Director of Public Safety or any peace officer or animal control officer is authorized to impose reasonable temporary housing restrictions that the animal owner or custodian must comply with prior to an administrative hearing that will ensure the animal's confinement and control. In addition, consistent with State law, if upon investigation it is determined by the Director of Public Safety or any peace officer or animal control officer that probable cause exists to believe that an animal poses an immediate threat to public safety, then the Director of Public Safety or any peace officer or animal control officer may seize and impound the animal prior to a hearing. A hearing may be held at the request of the Director of Public Safety or the owner or harborer of said animal consistent with this chapter. The owner or harborer of the animal shall be liable to the City of Irvine for costs related to the impoundment, including, but not limited to, the cost of care, housing, feeding, veterinary medical services and immunizations, if the Director of Public Safety or his or her designee determines the animal is potentially dangerous or vicious after a hearing conducted pursuant to Section 4-5-811 of this chapter.

(Ord. No. 09-10, § 1, 9-22-09)

A. Whenever an animal suspected of being a nuisance or potentially dangerous or vicious is reported, the animal services officer shall investigate the circumstances and, if he or she finds that such an animal has done any of the acts or has shown a disposition or propensity to do any of the acts declared to constitute a nuisance or potentially dangerous or vicious animal, he or she shall notify the Director of Public Safety or his designee in writing, stating all the facts and circumstances in support of their findings.

B. If, after careful review of the officer's report and findings, and after review of any other related information or evidence collected or received, the Director of Public Safety or his or her designee determines there exists probable cause to believe that an animal is a nuisance, potentially dangerous or vicious, he or she shall establish a hearing as provided in this chapter. If after said hearing has been conducted the Director of Public safety or his or her designee determines the animal to be a nuisance or potentially dangerous or vicious, he or she may order the owner or harborer in writing to:

1. Have their animal tattooed or have implanted a special micro identifying chip under the scruff of the neck of the animal for positive identification of the animal and registered owner.

2. Have their dangerous or vicious animal wear a secure muzzle that will not cause injury to the animal nor interfere with its vision or respiration, but shall prevent it from biting any person or animal whenever the animal is on any public street, sidewalk, public place, common area, schoolyard, park, trail, open space or private property of a person other than the owner. Animals declared a nuisance that do not pose a threat to public safety may be exempt from this stipulation at the discretion of the Director or Public Safety or his or her designee.

3. Restrain their animal with a leash strong enough to prevent its escape that does not exceed three feet in length whenever it is on any public street, sidewalk, public place, schoolyard, common area, park, trail, open space or private property other than the animal's owner or a harborer. The animal may only be taken out in this manner when under the immediate control of an adult who is capable of restraining the animal.

4. Obtain a bond or liability insurance in an amount determined by the Director of Public Safety or his or her designee that provides protection against bodily injury or death or damage to property. The liability insurance or bond shall be kept in effect continuously and shall not be cancelled unless the animal is no longer kept by the insured owner or harborer. The bond or liability insurance must be obtained and a certificate presented to the Director of Public Safety or his or her designee within 10 working days of the animal being classified as a nuisance, potentially dangerous or vicious animal. The owner or harborer must provide notification of cancellation or nonrenewal of the bond or liability insurance within 10 working days to the Director of Public Safety or his or her designee.

5. Enroll their animal in behavioral training that is approved by the Director of Public Safety or his or her designee.

6. Keep the animal inside the residence of the owner or harborer or within a substantial enclosure, or keep the animal securely attached to a chain in the enclosed portion of the property whenever the animal is kept outside the residence, or any other type of control that the Director of Public Safety or his or her designee may deem adequate under the circumstances to protect the public safety. All exit/entrance gates must remain secured with fences and gates kept in a good state of repair at all times. At no time shall the animal be permitted unattended on any unenclosed portion of the property, even when restrained by a chain or leash. If such restraint is impossible or impracticable, or if the animal poses an immediate threat to public safety, or the safety of other animals, and it cannot be immediately controlled and confined by the owner or harborer of said animal, the animal may be impounded at the owner's expense until the owner or harborer is able to comply with the order.

7. When the animal is transported in a motor vehicle, transport the animal only when muzzled or inside an enclosure or other device of sufficient strength and stability to ensure that the animal does not escape or pose a threat to the public or persons passing by.

8. Immediately notify animal services if the nuisance or potentially dangerous or vicious animal escapes or becomes unconfined from its premises.

9. Notify the animal services officer if it is the owner's intent to relocate their animal to a location other than the property inspected and approved for its confinement by animal services officer at least 15 days in advance of such move.

10. Comply with any other restraint and/or restrictions as deemed appropriate by the Director of Public Safety or his or her designee to ensure public safety or the safety of other animals.

C. If upon receiving written notification as aforementioned, the owner or harborer fails to provide adequate restraint or control of said animal as ordered by the Director of Public Safety or his or her designee within a reasonable period of time, such owner or harborer shall be liable to prosecution for violation of this section. An animal services officer will be assigned to document the compliance of the owner with all established mandates implemented by the hearing and/or appeal officer.

(Ord. No. 09-10, § 1, 9-22-09)

Whenever the Director of Public Safety or his designee receives a report of a dog who commits any of the acts that constitutes a potentially dangerous or vicious animal, and he or she determines such animal to be potentially dangerous or vicious, he or she may order the owner to post and keep upon the premises where such dog is kept under restraint as herein provided, a notice containing the words "beware of dog." Each letter of said notice shall be not less than two inches in height and the notice will be displayed in plain conspicuous view. Failure to obey such order, in any respect as herein provided, shall render such owner liable to prosecution for violation of this section.

(Ord. No. 09-10, § 1, 9-22-09)

If after review of the animal service officer's investigation the Director of Public Safety determines that there exists probable cause to believe that an animal is a nuisance, potentially dangerous or vicious, he or she shall designate an animal services officer or superior officer not involved in the investigation as the "hearing officer" to conduct an administrative hearing to determine whether or not said animal is a nuisance, potentially dangerous or vicious. Whenever possible, any complaint received from a member of the public which serves as the evidentiary basis for the animal services officer or law enforcement officer to find probable cause shall be verified by the complainant. Said complaints shall be signed and dated by the complainant. The Director of Public Safety or his designee shall notify the animal owner or keeper of the animal that a hearing will be held by the department at which time he or she may present evidence as to why the animal should be declared a nuisance, potentially dangerous or vicious. The owner or keeper of the animal shall be served with the notice of the hearing and complaint, either personally or by first class mail with return receipt requested. The hearing shall be held promptly within no less than five working days nor more than 10 working days after the service of notice upon the owner or keeper of the animal. The hearing shall be open to the public. The hearing officer may admit into evidence all related evidence, including incident reports, photographs, witness's statements, veterinarian records, etc., and may shorten the time to produce records or witnesses. The hearing may find, upon a preponderance of the evidence, that the animal is a nuisance, potentially dangerous or vicious and make other orders authorized by this chapter.

(Ord. No. 09-10, § 1, 9-22-09)

The hearing officer who is conducting a hearing or appeal pursuant to this chapter may decide all the issues for or against the owner or harborer of the animal even if the owner or harborer fails to appear at the hearing or appeal.

(Ord. No. 09-10, § 1, 9-22-09)

After a hearing is conducted pursuant to Section 4-5-811, the owner or keeper of the animal shall be notified in writing of the determination and orders issued by the hearing officer, either personally or by mail with return receipt requested. If the owner or keeper of the animal contests the determination, he or she may, within 15 days of the receipt of the notice of determination, appeal the decision by filing a letter of appeal with the Director of Public Safety. The Director of Public Safety shall designate a superior officer to the hearing officer to schedule and conduct a hearing within 15 working days of receipt of the appeal request and shall notify the appellant of said date in person or by mail. The appellant may introduce evidence to show that the animal is not a nuisance or potentially dangerous or vicious or that the imposed conditions of the order are inappropriate. The appeal officer shall conduct a de novo hearing in accordance with the provisions of this chapter, and shall make an independent determination as to whether the animal is a nuisance, potentially dangerous and/or vicious based upon the evidence presented. The decision of the appeal officer shall be final.

(Ord. No. 09-10, § 1, 9-22-09; Ord. No. 19-12, Exh. A, 8-13-19)

If the animal in question dies, or is sold, transferred, or is permanently removed from the City of Irvine, the owner of the nuisance, dangerous or vicious animal shall notify animal services staff of the changed condition and new location and ownership of the animal in writing within five working days.

(Ord. No. 09-10, § 1, 9-22-09)

If there are no additional incidents of the behavior or acts as described in Section 4-5-801 or 4-5-802 within a 36-month period from the date of designation as a nuisance or potentially dangerous animal, the animal may no longer be considered a nuisance or potentially dangerous animal and removed from such designation. The animal may be, but is not required to be, removed from such designation prior the 36-month period, but not less than 12-month period, if the owner or harborer of the animal demonstrates to the satisfaction of the Director of Public Safety or his designee that changes in circumstances have occurred, or measures have been taken by the owner or harbor, such as behavioral training and/or appropriate restraint measures, to mitigate or eliminate any safety risk to the public and other animals.

(Ord. No. 09-10, § 1, 9-22-09)

Any animal determined to be vicious under the provisions of this chapter may be ordered banned from the City or humanely destroyed if the Director of Public Safety or his designee finds that:

A. The owner or harborer of said animal has failed to, is unwilling to, or is unable to, comply with the conditions of any existing vicious declaration/order.

B. The owner or harborer of any said animal impounded under this chapter fails to, or is unwilling to, or is unable to, retrieve their pet and comply with the conditions of any new or established order within a 30-day period.

C. The release of the animal would create a significant threat to public health, safety, or welfare.

(Ord. No. 09-10, § 1, 9-22-09)

The Director of Public Safety or his/her designee may prohibit the owner of an animal determined to be vicious from owning, possessing, controlling or having custody of any animal for a period of up to three years, when it is found, after proceedings conducted under Section 4-5-809, and Section 4-5-811 if applicable, that ownership or possession of an animal by that person would create a significant threat to the public health, safety and welfare of other people or animals.

(Ord. No. 09-10, § 1, 9-22-09)

The City shall include the nuisance, potentially dangerous and vicious animal declaration of any such animal in the City's registration records after the hearing officer determines that the declaration applies to the animal. A special fee may be charged to the owner or harborer of a nuisance, potentially dangerous or vicious animal in addition to a regular City registration fee to provide for the increased cost of regulating such animals. Such fee shall be as established by resolution of the City Council, which may be amended from time-to-time.

(Ord. No. 09-10, § 1, 9-22-09)